Legal Opinion

Axel v. Duffy-Mott Co.

New York Court of Appeals

Decided April 5, 1979PublishedCited by 68 opinions

1Opinion of the Court

*5OPINION OF THE COURT

Fuchsberg, J.

On this appeal we for the first time meet section 120 of the Workers’ (formerly Workmen’s) Compensation Law head-on. This relatively recently enacted statute forbids employers to discharge or otherwise discriminate against employees who claim compensation for job-related injuries or who testify in proceedings to enforce such payment. Its violation subjects the employer to a statutory penalty and entitles the mistreated employee to be reinstated and reimbursed for any wages lost as a result of the discrimination.1

The case comes to us in the following context:…

2Cases cited9 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Holland v. EdwardsNew York Court of Appeals · 1954
  3. In re the Claim of FisherNew York Court of Appeals · 1975
  4. Pace College v. Commission on Human RightsNew York Court of Appeals · 1975
  5. Claim of Gordon v. New York Life InsuranceNew York Court of Appeals · 1950

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3Cited by68 opinions

  1. Wilmot v. Kaiser Aluminum & Chemical Corp.Washington Supreme Court · 1991
  2. Sanders v. WinshipNew York Court of Appeals · 1982
  3. Matter of Haug v. State Univ. of N.Y. at PotsdamNew York Court of Appeals · 2018
  4. Powell v. WYOMING CABLEVISION. INC.West Virginia Supreme Court · 1991
  5. Zamora v. New York Neurologic AssociatesNew York Court of Appeals · 2012

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